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Advice to Andrew Troupe

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Enquiry

From
Andrew Troupe
Date advice given
4 January 2017
Enquiry type
Phone

Planning permission has been granted for a new battery storage facility in South Oxfordshire with a capacity of more than 50MW - does this mean that battery storage is not regarded as a form of energy generation, as defined in the Planning Act 2008?

Advice given

There Department of Business Energy and Industrial Strategy issued a consultation and call for evidence regarding energy storage on 10 November 2016. The consultation closes on 12 January 2017: https://www.gov.uk/government/consultations/call-for-evidence-a-smart-flexible-energy-system

Para 22 of the consultation document states, "For the time being BEIS, the Scottish Government and the Welsh Government agree that a storage facility is a form of electricity generating station. This means that a storage facility with a capacity of >50MW in England and Wales will need development consent as required by sections 15 and 31 of the Planning Act 2008 or Scottish Ministers’ consent under section 36 of the Electricity Act. We believe further clarity is needed within the planning framework about how to classify and treat storage projects, given the emerging nature of the market and new technologies."

PINS has advised officials at the Department of Business Energy and Industrial Strategy and the local planning authority that planning permission has been granted for an energy storage facility that may be an NSIP, for which development consent is required under s31 of the Planning Act 2008. Under Part 8 (Enforcement) of the Planning Act 2008 the local planning authority may decide about the expediency of undertaking an investigation and any action that could result.